Should I Sign a Deed of Easement?

Jackie235

Cool, im pleased bout that!!!:T

Jackie235

I have had word back from the solicitor I used when purchasing the house origionally and they have said that there was no mention of a public or private sewer on our land, the searches did not show it and the origional plans for the estate did not include it, the pointed me in the direction of the developer (Grainger Homes) and more or less said they wanted nothing to do with it!

Any thoughts on what to do now, as it is at the moment we have been mis-sold a house with a garden that we can't trechnically enjoy it or build our conservatory on it!

poet123

I would go back and see another solicitor and get advice about how to proceed. Your original solicitor has a vested interest here to find nothing!,he may well be correct but it needs confirming. Then ask the new solicitor what your options are.

In the position it is in I would be asking for them to re route the sewer,as no amount of money can compensate for the loss of amenity,in that you cant build a conservatory etc,and it may have an effect on a future sale,as yoiu would now need to declare it to a purchaser.

Dont sign anything till you get impartial advice. Good luck.

QTPie

Definitely agree.

I used to work for a water company and, if need be, the Water Company will have emergency access to any public sewer (they have to have this). The easement, I believe, is for more standard maintenance work. So you would constantly live with the possibility of coming home to find your back garden dug up...

I think that your original solicitor goofed: really one of the searches SHOULD check all public utilities that run within your boundaries (http://www.home.co.uk/guides/buying/conveyancing_one.htm). It is not rocket science: every water company knows EXACTLY (to within a mm) where the public sewers and water mains run. It could very well be that your original solicitor was negligent, but you will need an independent solicitor to look into it...

Little to no chance of the public sewer being re-routed: it was there before you bought the house. So "buyer beware" - you should have been aware of it (or, much more to the point, you should have been informaed by your solicitor)

One of the things that would worry me (if I was you) would be how this would affect the resale value of your house (assuming whoever eventually buys your property has a solicitor who actually does their searches...).

DEFINITELY get independent legal advice.

Good luck and let us know how it goes.
QT

poet123 wrote: »

I would go back and see another solicitor and get advice about how to proceed. Your original solicitor has a vested interest here to find nothing!,he may well be correct but it needs confirming. Then ask the new solicitor what your options are.

In the position it is in I would be asking for them to re route the sewer,as no amount of money can compensate for the loss of amenity,in that you cant build a conservatory etc,and it may have an effect on a future sale,as yoiu would now need to declare it to a purchaser.

Dont sign anything till you get impartial advice. Good luck.

getmore4less

Where did the plans for the property/estate have the sewer.

do you have plans with the deeds.

Jackie235

Thanks so far for all the advice,

Im not entirly sure where the sewers were on the origional plans. I was asked to check a plan to say that my boundries were right as far as i can remember.

There was no mention of an un-adopted sewer running through the middle of my garden when I purchased the property and no mention of any covenants stopping me adding a conservatory.

I'm particularly worried about re-sale not that we want to sell at the moment and in the current climate nothing is selling anyway, but if I did want to move and tried to sell the house it would be picked up on searches rendering the garden usless other than as grass.

I really think this will have an adverse affect on the value of the property which isn't my fault as it was never pointed out to me in the 1st place.

Jackie235

The solicitor has said that the searches were only for public sewers and this was apparently classed as a private sewer that is in my garden until it is adopted by Northubrian Water.
I also found out yesterday that on the origional approved plans for the phase of the estate there was a road where my garden is and this incorperated the sewer. however they sent in an amendment to the plans to remove the redundant road and add it to my and my neighbours.
the builders (grainger homes plc) have not informed anyone about the sewer until now.
My thoughts are I wouldn't have bought that house if I had known
Going to see an independant solicitor now once I have extracted a copy of my file from the origional solicitor that dealt with the purchase of the house

Any further thoughts from you guys, Thanks :rolleyes:

poet123

Three things come to mind,surely if the plans were amended then the council should issue an instruction that the sewer is now on private land and incorporate this into their search results? OR does the responsibilty lie withthe builder to tell buyers and the water board that the serwer is now part of someones garden? OR it is something your original solicitor should have noticed and investigated further

Either way you could not have known,someone was negligent.....and now you are paying for it.

ScouseIrish

Regarding the easement, we (at my work) prepare layouts for new housing estates all the time and if there is an easement, you won't be able to build within 3metres wither side of it without their permission. We have fought numerous times and managed to build within 2metres on occasions but its a right struggle dealing with them. As you mention, they can come in and dig it up whenever they want but I'm not sure if they need to make good any damage - I reckon they would but don't take that as fact.

If the sewer is unadopted, I think its your responsibility if it bursts. Again, don't quote me on that but its worth consideration...

Jackie235

this is my point, I know once this sewer is adopted my house value is going to travel south for the winter!

we bought this particular house because it had a good sized garden that was big enough to put a conservatory in and not still leave plenty of space. anyone buying the house from us would have this pointed out before buying and i think would be put off.

Builder never told us, solicitor didn't find it and now im left with a garden that is not much use!

Frustrating!!!!:mad: